Careful, Your Specification May Be Enabling the Prior Art
November 20, 2015
Authored and Edited by Gracie K. Mills; Adriana L. Burgy
Decision: In re Morsa, No. 15-1107 (Fed. Cir. Oct. 19, 2015)
Prosecution Takeaway: Applicant’s specification may be used to determine the knowledge of a person having ordinary skill in the art but not to fill gaps in the prior art.
An analysis of this decision can be found on Finnegan’s Federal Circuit IP blog here.
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